Exploring the legal framework of islamic offences in Malaysia: a constitutional and judicial analysis / Izmi Izdiharuddin B Che Jamaludin Mahmud and Che Mohd Hilmi Safiuddin

Malaysia is a multicultural and multiethnic country characterised by a diverse range of religious beliefs, with Islam as the state religion. Despite Islam's status, Malaysia's government structure is grounded in British-style secularism, where the law is human-made rather than derived from a divine source. As such, Malaysia is not a theocratic state. At the same time, it is not hostile to religious inclination. The Federal Constitution allows federal and state legislatures to enact Islamic offences, as Item 1 of the State List of the Ninth Schedule outlines. However, a vague and often misunderstood legal framework surrounding Islamic offences under Item 1 has led to contentious debates and legal challenges. This Article will examine the issues related to the legal framework of Islamic offences in Malaysia and explore potential solutions to address the ongoing uncertainty.